It is still unclear what the withdrawal from the global climate deal really means, but some lawyers are already saying that the decision might lead to international arbitration claims against the US.
Although Canada won in a unanimous decision, the ruling does not, however, guarantee domestic discretion going forward, contrary to the suggestion of some.
The role of third party funding in investment arbitration raises unique concerns for policy-makers because, ultimately, a State’s taxpayers will be liable for satisfaction of any award favoring the claimant.